montgomery
louisiana
argued
october
decided
january
petitioner
montgomery
years
old
killed
deputy
sheriff
louisiana
jury
returned
verdict
guilty
without
capital
punishment
carried
automatic
sentence
life
without
parole
nearly
years
montgomery
taken
custody
decided
mandatory
life
without
parole
juvenile
homicide
offenders
violates
eighth
amendment
prohibition
unusual
punishments
miller
alabama
montgomery
sought
state
collateral
relief
arguing
miller
rendered
mandatory
sentence
illegal
trial
denied
motion
application
supervisory
writ
denied
louisiana
previously
held
miller
retroactive
effect
cases
state
collateral
review
held
jurisdiction
decide
whether
louisiana
correctly
refused
give
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effect
miller
pp
teague
lane
federal
habeas
case
set
forth
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application
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rule
convictions
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rule
announced
held
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constitutional
rules
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procedure
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courts
must
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rules
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law
substantive
constitutional
rules
include
rules
forbidding
criminal
punishment
certain
primary
conduct
rules
prohibiting
certain
category
punishment
class
defendants
status
offense
penry
lynaugh
amicus
contends
teague
interpretation
federal
habeas
statute
constitutional
command
retroactivity
holding
application
state
collateral
review
proceedings
however
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danforth
minnesota
concerned
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general
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bar
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constitutional
rules
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procedure
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whether
required
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matter
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rules
pp
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rule
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law
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outcome
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constitution
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collateral
review
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precedents
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rules
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history
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supra
indicate
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rules
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forth
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laws
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postconviction
proceedings
pp
miller
prohibition
mandatory
life
without
parole
juvenile
offenders
announced
new
substantive
rule
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cases
state
collateral
review
foundation
stone
miller
analysis
line
precedent
holding
certain
punishments
disproportionate
applied
juveniles
relying
roper
simmons
graham
florida
miller
recognized
children
differ
adults
diminished
culpability
greater
prospects
reform
distinctions
diminish
penological
justifications
imposing
life
without
parole
juvenile
offenders
miller
determined
sentencing
child
life
without
parole
excessive
rare
juvenile
offender
whose
crime
reflects
irreparable
corruption
rendered
life
without
parole
unconstitutional
penalty
class
defendants
status
juvenile
offenders
whose
crimes
reflect
transient
immaturity
youth
penry
miller
therefore
announced
substantive
rule
constitutional
law
like
substantive
rules
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carr
ies
significant
risk
vast
majority
juvenile
offenders
punishment
law
impose
upon
schriro
supra
state
may
remedy
miller
violation
extending
parole
eligibility
juvenile
offenders
neither
impose
onerous
burden
disturb
finality
state
convictions
afford
someone
like
montgomery
submits
evolved
troubled
misguided
youth
model
member
prison
community
opportunity
demonstrate
truth
miller
central
intuition
children
commit
even
heinous
crimes
capable
change
pp
la
reversed
remanded
kennedy
delivered
opinion
roberts
ginsburg
breyer
sotomayor
kagan
joined
scalia
filed
dissenting
opinion
thomas
alito
joined
thomas
filed
dissenting
opinion
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
henry
montgomery
petitioner
louisiana
writ
certiorari
louisiana
january
justice
kennedy
delivered
opinion
another
case
series
decisions
involving
sentencing
offenders
juveniles
crimes
committed
miller
alabama
held
juvenile
convicted
homicide
offense
sentenced
life
prison
without
parole
absent
consideration
juvenile
special
circumstances
light
principles
purposes
juvenile
sentencing
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miller
question
arisen
whether
holding
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juvenile
offenders
whose
convictions
sentences
final
miller
decided
courts
reached
different
conclusions
point
compare
martin
symmes
johnson
ponton
chambers
state
state
tate
la
diatchenko
district
attorney
suffolk
mass
aiken
byars
state
mares
wy
people
davis
il
certiorari
granted
case
resolve
question
petitioner
henry
montgomery
montgomery
killed
charles
hurt
deputy
sheriff
east
baton
rouge
louisiana
montgomery
years
old
time
crime
convicted
murder
sentenced
death
louisiana
reversed
conviction
finding
public
prejudice
prevented
fair
trial
state
montgomery
la
montgomery
retried
jury
returned
verdict
guilty
without
capital
punishment
state
montgomery
la
louisiana
law
verdict
required
trial
impose
sentence
life
without
parole
sentence
automatic
upon
jury
verdict
montgomery
opportunity
present
mitigation
evidence
justify
less
severe
sentence
evidence
might
included
montgomery
young
age
time
crime
expert
testimony
regarding
limited
capacity
foresight
judgment
potential
rehabilitation
montgomery
years
old
spent
almost
entire
life
prison
almost
years
montgomery
first
taken
custody
decided
miller
alabama
miller
held
mandatory
life
without
parole
juvenile
homicide
offenders
violates
eighth
amendment
prohibition
unusual
punishments
slip
making
youth
accompanies
irrelevant
imposition
harshest
prison
sentence
mandatory
life
without
parole
poses
great
risk
disproportionate
punishment
slip
miller
required
sentencing
courts
consider
child
diminished
culpability
heightened
capacity
change
condemning
die
prison
ibid
although
miller
foreclose
sentencer
ability
impose
life
without
parole
juvenile
explained
lifetime
prison
disproportionate
sentence
rarest
children
whose
crimes
reflect
corruption
ibid
quoting
roper
simmons
issued
decision
miller
montgomery
sought
collateral
review
mandatory
sentence
louisiana
two
principal
mechanisms
collateral
challenge
lawfulness
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begins
filing
trial
prisoner
convicted
sentenced
la
code
crim
proc
arts
west
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procedure
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prisoner
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forth
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art
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rel
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la
per
curiam
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art
montgomery
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rouge
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district
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statute
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time
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instances
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prisoner
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cir
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amendment
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state
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la
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eighth
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constitution
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type
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held
graham
florida
eighth
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bars
sentences
juvenile
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offenders
louisiana
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graham
claims
brought
prisoners
whose
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long
final
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state
shaffer
pp
la
per
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considering
motion
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sentence
ground
graham
rendered
illegal
sentence
juvenile
nonhomicide
offender
montgomery
motion
argued
miller
rendered
mandatory
sentence
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trial
denied
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motion
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miller
retroactive
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filed
application
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tate
held
miller
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cases
state
collateral
review
chief
justice
johnson
justice
hughes
dissented
tate
chief
justice
johnson
noted
dissent
montgomery
case
granted
montgomery
petition
certiorari
petition
presented
question
whether
miller
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substantive
rule
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retroactively
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review
people
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die
prison
pet
cert
addition
directed
parties
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question
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whether
louisiana
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case
decision
miller
ii
parties
agree
jurisdiction
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case
ensure
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correct
appointed
richard
bernstein
amicus
curiae
brief
argue
position
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jurisdiction
ably
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responsibilities
amicus
argues
state
obligation
give
new
rule
constitutional
law
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effect
collateral
review
proceedings
proceedings
created
state
law
state
plenary
control
amicus
contends
state
courts
define
applicable
principles
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implicate
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right
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scope
relief
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type
state
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law
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power
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rule
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state
refusal
give
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griffith
kentucky
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direct
review
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rule
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state
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lessee
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claims
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review
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state
may
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claim
properly
presented
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louisiana
follows
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supremacy
clause
principles
postconviction
proceedings
challenging
legality
sentence
state
collateral
review
procedures
open
claims
decision
rendered
certain
sentences
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matter
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amendment
see
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la
per
curiam
considering
claim
collateral
review
decision
graham
florida
rendered
petitioner
sentence
illegal
montgomery
alleges
miller
announced
substantive
constitutional
rule
louisiana
erred
failing
recognize
retroactive
effect
jurisdiction
review
determination
iii
leads
question
whether
miller
prohibition
mandatory
life
without
parole
juvenile
offenders
indeed
announce
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rule
constitution
must
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stated
procedural
rule
regulate
manner
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defendant
culpability
schriro
substantive
rule
contrast
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punishment
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conduct
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also
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announced
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cases
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review
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line
precedent
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punishments
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applied
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cases
include
graham
florida
supra
held
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amendment
bars
life
without
parole
juvenile
nonhomicide
offenders
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simmons
held
eighth
amendment
prohibits
capital
punishment
age
time
crimes
protection
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punishment
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substantive
guarantee
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amendment
goes
far
beyond
manner
determining
defendant
sentence
see
graham
supra
concept
proportionality
central
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amendment
see
also
weems
harmelin
michigan
kennedy
concurring
part
concurring
judgment
miller
took
starting
premise
principle
established
roper
graham
children
constitutionally
different
adults
purposes
sentencing
slip
citing
roper
supra
graham
supra
differences
result
children
diminished
culpability
greater
prospects
reform
apparent
three
primary
ways
first
children
maturity
underdeveloped
sense
responsibility
leading
recklessness
impulsivity
heedless
second
children
vulnerable
negative
influences
outside
pressures
including
family
peers
limited
environment
lack
ability
extricate
horrific
settings
third
child
character
formed
adult
traits
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actions
less
likely
irretrievable
depravity
slip
quoting
roper
supra
alterations
citations
internal
quotation
marks
omitted
corollary
child
lesser
culpability
miller
recognized
distinctive
attributes
youth
diminish
penological
justifications
imposing
life
without
parole
juvenile
offenders
slip
retribution
relates
offender
blameworthiness
case
retribution
strong
minor
adult
ibid
quoting
graham
supra
internal
quotation
marks
omitted
deterrence
rationale
likewise
suffice
since
characteristics
render
juveniles
less
culpable
adults
immaturity
recklessness
impetuosity
make
less
likely
consider
potential
punishment
slip
internal
quotation
marks
omitted
need
incapacitation
lessened
ordinary
adolescent
development
diminishes
likelihood
juvenile
offender
danger
society
slip
quoting
graham
rehabilitation
satisfactory
rationale
either
rehabilitation
justify
sentence
life
without
parole
forswears
altogether
rehabilitative
ideal
slip
quoting
graham
supra
considerations
underlay
holding
miller
mandatory
sentences
children
pos
great
risk
disproportionate
punishment
slip
miller
requires
sentencing
juvenile
life
without
parole
sentencing
judge
take
account
children
different
differences
counsel
irrevocably
sentencing
lifetime
prison
ibid
recognized
sentencer
might
encounter
rare
juvenile
offender
exhibits
irretrievable
depravity
rehabilitation
impossible
life
without
parole
justified
light
children
diminished
culpability
heightened
capacity
change
miller
made
clear
appropriate
occasions
sentencing
juveniles
harshest
possible
penalty
uncommon
ibid
miller
require
sentencer
consider
juvenile
offender
youth
imposing
life
without
parole
established
penological
justifications
life
without
parole
collapse
light
distinctive
attributes
youth
slip
even
considers
child
age
sentencing
lifetime
prison
sentence
still
violates
eighth
amendment
child
whose
crime
reflects
yet
transient
immaturity
slip
quoting
roper
miller
determined
sentencing
child
life
without
parole
excessive
rare
juvenile
offender
whose
crime
reflects
irreparable
corruption
slip
quoting
roper
supra
rendered
life
without
parole
unconstitutional
penalty
class
defendants
status
juvenile
offenders
whose
crimes
reflect
transient
immaturity
youth
penry
result
miller
announced
substantive
rule
constitutional
law
like
substantive
rules
miller
retroactive
carr
ies
significant
risk
vast
majority
juvenile
offenders
punishment
law
impose
upon
schriro
quoting
bousley
louisiana
nonetheless
argues
miller
procedural
place
punishment
beyond
state
power
impose
instead
required
sentencing
courts
take
children
age
account
condemning
die
prison
support
argument
louisiana
points
miller
statement
decision
categorically
bar
penalty
class
offenders
type
crime
example
roper
graham
instead
mandates
sentencer
follow
certain
process
considering
offender
youth
attendant
characteristics
imposing
particular
penalty
miller
supra
slip
miller
true
bar
punishment
juvenile
offenders
roper
graham
miller
bar
life
without
parole
however
rarest
juvenile
offenders
whose
crimes
reflect
permanent
incorrigibility
reason
miller
less
substantive
roper
graham
miller
every
juvenile
convicted
homicide
offense
sentenced
life
without
parole
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rare
juvenile
offender
receive
sentence
difference
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graham
one
hand
miller
hand
miller
drew
line
children
whose
crimes
reflect
transient
immaturity
rare
children
whose
crimes
reflect
irreparable
corruption
fact
life
without
parole
proportionate
sentence
latter
kind
juvenile
offender
mean
children
imprisoned
disproportionate
sentence
suffered
deprivation
substantive
right
sure
miller
holding
procedural
component
miller
requires
sentencer
consider
juvenile
offender
youth
attendant
characteristics
determining
life
without
parole
proportionate
sentence
see
slip
louisiana
contends
miller
requires
process
must
set
forth
procedural
rule
argument
however
conflates
procedural
requirement
necessary
implement
substantive
guarantee
rule
regulate
manner
determining
defendant
culpability
schriro
supra
instances
substantive
change
law
must
attended
procedure
enables
prisoner
show
falls
within
category
persons
law
may
longer
punish
see
mackey
opinion
harlan
rules
may
procedural
substantive
ramifications
used
terms
example
element
criminal
offense
deemed
unconstitutional
prisoner
convicted
offense
receives
new
trial
government
must
prove
prisoner
conduct
still
fits
within
modified
definition
crime
similar
vein
constitution
prohibits
particular
form
punishment
class
persons
affected
prisoner
receives
procedure
show
belongs
protected
class
see
atkins
virginia
requiring
procedure
determine
whether
particular
individual
intellectual
disability
fall
within
range
intellectually
disabled
offenders
national
consensus
execution
impermissible
procedural
requirements
course
transform
substantive
rules
procedural
ones
procedure
miller
prescribes
different
hearing
youth
attendant
characteristics
considered
sentencing
factors
necessary
separate
juveniles
may
sentenced
life
without
parole
may
slip
hearing
replace
rather
gives
effect
miller
substantive
holding
life
without
parole
excessive
sentence
children
whose
crimes
reflect
transient
immaturity
louisiana
suggests
miller
made
constitutional
distinction
children
whose
crimes
reflect
transient
immaturity
whose
crimes
reflect
irreparable
corruption
miller
require
trial
courts
make
finding
fact
regarding
child
incorrigibility
finding
required
however
speaks
degree
procedure
miller
mandated
order
implement
substantive
guarantee
new
substantive
rule
constitutional
law
established
careful
limit
scope
attendant
procedural
requirement
avoid
intruding
necessary
upon
sovereign
administration
criminal
justice
systems
see
ford
wainwright
leave
state
task
developing
appropriate
ways
enforce
constitutional
restriction
upon
execution
sentences
fidelity
important
principle
federalism
however
construed
demean
substantive
character
federal
right
issue
miller
impose
formal
factfinding
requirement
leave
free
sentence
child
whose
crime
reflects
transient
immaturity
life
without
parole
contrary
miller
established
punishment
disproportionate
eighth
amendment
reason
death
penalty
cases
louisiana
cites
support
position
inapposite
see
beard
banks
holding
nonretroactive
rule
forbids
instructing
jury
disregard
mitigating
factors
found
unanimous
vote
netherland
holding
nonretroactive
rule
providing
prosecutor
cites
future
dangerousness
defendant
may
inform
jury
ineligibility
parole
sawyer
smith
holding
nonretroactive
rule
forbids
suggesting
capital
jury
responsible
death
sentence
decisions
altered
processes
must
engage
sentencing
person
death
processes
may
effect
likelihood
capital
punishment
imposed
none
decisions
rendered
certain
penalty
unconstitutionally
excessive
category
offenders
holds
miller
announced
substantive
rule
constitutional
law
conclusion
miller
substantive
rule
comports
principles
informed
teague
teague
sought
balance
important
goals
finality
comity
liberty
interests
imprisoned
pursuant
rules
later
deemed
unconstitutional
miller
conclusion
sentence
life
without
parole
disproportionate
vast
majority
juvenile
offenders
raises
grave
risk
many
held
violation
constitution
giving
miller
retroactive
effect
moreover
require
relitigate
sentences
let
alone
convictions
every
case
juvenile
offender
received
mandatory
life
without
parole
state
may
remedy
miller
violation
permitting
juvenile
homicide
offenders
considered
parole
rather
resentencing
see
wyo
stat
ann
juvenile
homicide
offenders
eligible
parole
years
allowing
offenders
considered
parole
ensures
juveniles
whose
crimes
reflected
transient
immaturity
since
matured
forced
serve
disproportionate
sentence
violation
eighth
amendment
extending
parole
eligibility
juvenile
offenders
impose
onerous
burden
disturb
finality
state
convictions
prisoners
shown
inability
reform
continue
serve
life
sentences
opportunity
release
afforded
demonstrate
truth
miller
central
intuition
children
commit
even
heinous
crimes
capable
change
petitioner
discussed
submissions
evolution
troubled
misguided
youth
model
member
prison
community
petitioner
helped
establish
inmate
boxing
team
later
became
trainer
coach
alleges
contributed
time
labor
prison
silkscreen
department
strives
offer
advice
serve
role
model
inmates
claims
tested
even
addressed
state
confirm
accuracy
petitioner
submissions
relevant
however
example
one
kind
evidence
prisoners
might
use
demonstrate
rehabilitation
henry
montgomery
spent
day
past
years
knowing
condemned
die
prison
perhaps
established
due
exceptional
circumstances
fate
proportionate
punishment
crime
committed
boy
light
said
roper
graham
miller
children
constitutionally
different
adults
level
culpability
however
prisoners
like
montgomery
must
given
opportunity
show
crime
reflect
irreparable
corruption
hope
years
life
outside
prison
walls
must
restored
judgment
louisiana
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
scalia
dissenting
henry
montgomery
petitioner
louisiana
writ
certiorari
louisiana
january
justice
scalia
justice
thomas
justice
alito
join
dissenting
jurisdiction
decide
case
decision
arrives
wrong
respectfully
dissent
jurisdiction
louisiana
postconviction
courts
willingly
entertain
eighth
amendment
claims
limited
exceptions
apply
law
existed
state
prisoner
convicted
sentenced
shortly
announced
teague
lane
louisiana
adopted
teague
framework
govern
provision
postconviction
remedies
available
state
prisoners
state
courts
matter
state
law
taylor
whitley
stated
bound
adopt
federal
framework
one
think
none
business
louisiana
prisoner
motion
resentenced
according
miller
alabama
case
announced
almost
half
century
sentence
final
met
firm
rejection
grounds
louisiana
majority
eager
reach
merits
case
resolves
question
jurisdiction
deciding
constitution
requires
state
postconviction
courts
adopt
teague
exception
substantive
new
rules
provide
remedies
violations
rules
prisoners
whose
sentences
long
ago
became
final
conscription
federal
service
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postconviction
courts
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teague
announced
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courts
grant
habeas
corpus
overturn
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convictions
basis
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law
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one
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convictions
became
final
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rul
criminal
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prescription
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justice
harlan
view
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harlan
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swift
pace
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wainwright
dissenting
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vacated
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cases
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harlan
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consideration
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harlan
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process
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louisiana
line
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constitutionally
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state
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beam
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wright
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miller
alabama
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ante
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finality
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text
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tradition
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availability
postconviction
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matter
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nothing
say
respectfully
dissent
footnotes
amusing
majority
initial
description
miller
held
juvenile
convicted
homicide
offense
sentenced
life
prison
without
parole
absent
consideration
juvenile
special
circumstances
light
principles
purposes
juvenile
sentencing
ante
pages
later
softening
reader
pages
obfuscating
analysis
majority
dare
attribute
miller
miller
explicitly
denies
majority
presumably
regards
person
one
day
short
voting
age
child
footnotes
instance
article
iii
courts
arrive
holding
refuse
apply
case
hand
limit
application
future
cases
involving
events
power
rule
prospectively
way
quintessentially
legislative
power
see
harper
virginia
dept
taxation
scalia
concurring